Dean Florez
- Democratic
Author
Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Corporations and makes a willful violation of its provisions a crime. Existing law regulates the charges a licensee may impose or receive on loans it makes and authorizes a licensee to contract for and receive specified alternative charges and administrative and delinquency fees. This bill, until January 1, 2015, would establish the Pilot Program for Affordable Credit-Building Opportunities for the purpose of increasing the availability of credit-building opportunities to underbanked individuals seeking low-dollar-value loans. The bill would require licensees to file an application with, and pay a fee to, the commissioner to participate in the program. The bill would authorize a licensee approved by the commissioner to participate in the program to impose specified alternative interest rates and charges, including an administrative fee and delinquency fees, on loans of at least $250 and less than $2,500, subject to certain requirements. This bill would also authorize licensees in the program to use the services of finders, defined as entities who, at the finder's physical location for business, bring licensees and prospective borrowers together for the purpose of negotiating loan contracts at the finder's location, subject to a written agreement meeting specified requirements. The bill would establish the services a finder is authorized and required to perform, and would require a finder to comply with the laws applicable to the licensee relative to information security. The bill would require a licensee to notify the commissioner within 15 days of entering into a contract with a finder, would require a licensee to pay an annual finder registration fee to the commissioner, and would require a licensee to submit an annual report to the commissioner on the licensee's relationship and business arrangements with a finder, as specified. The bill would authorize the commissioner to examine the operations of a licensee and a finder to ensure that the activities of the licensee and the finder are in compliance with these provisions. The bill would make a licensee that uses a finder responsible for a violation of these provisions by a finder or a finder's employee, and would authorize the commissioner to impose administrative penalties against a finder for a violation of these provisions. The bill would authorize the commissioner, upon a violation of these provisions, to disqualify a finder from performing services, bar a finder from performing services at one or more specific locations of the finder, terminate a written agreement between a licensee and a finder, and, under specified circumstances, prohibit the use of the finder by all licensees. This bill would require the commissioner to examine the performance of each licensee in the program at least once every 24 months, and would require the costs of examination to be paid by the licensee to the commissioner, as specified. The bill would also require the commissioner to conduct a random sample survey of borrowers under the program. The bill would require the commissioner to report to specified legislative committees, by January 1, 2014, summarizing utilization of the Pilot Program for Affordable Credit-Building Opportunities, as specified. Existing law prohibits a licensed finance lender or broker from using advertising copy after its use has been disapproved by the commissioner and the licensee is notified in writing of the disapproval. Existing law authorizes the commissioner to require a licensee to maintain a file of all advertising copy for a period of 90 days from the date of its use. This bill would authorize the commissioner to direct any licensee to submit advertising copy for review by the commissioner prior to its use. The bill would authorize the commissioner to require a licensee to maintain a file of all advertising copy for a period of 2 years from the date of its use. Because a willful violation of these provisions would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 640, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 3:30 p.m.
Senate concurs in Assembly amendments. (Ayes 37. Noes 0. Page 4926.) To enrollment.
Read third time. Passed. (Ayes 75. Noes 1. Page 6675.) To Senate.
In Senate. To unfinished business.
Assembly Rule 69(d) suspended. (Page 6463.)
Read third time. Amended. (Page 6424.) To third reading.
Read second time. To third reading.
Read second time. Amended. To second reading.
(Heard in committe August 12.)
From committee: Do pass as amended. (Ayes 17. Noes 0.)
Set, first hearing. Referred to APPR. suspense file.
Read second time. Amended. Re-referred to Com. on APPR.
Joint Rule 62(a) file notice suspended. (Page 5989.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 10. Noes 0.)
(Heard in committee on June 29.)
Read second time. Amended. Re-referred to Com. on JUD.
(Heard in committee on June 21.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 12. Noes 0.)
To Coms. on B. & F. and JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 36. Noes 0. Page 3723.) To Assembly.
Read second time. To third reading.
Read third time. Amended. To second reading.
Read second time. To third reading.
From committee: Do pass. (Ayes 9. Noes 0. Page 3498.)
Set for hearing May 10.
Read second time. Amended. Re-referred to Com. on APPR.
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3305.)
Set for hearing April 20.
From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 9. Noes 0.) Re-referred to Com. on JUD.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.
Set for hearing April 7.
To Coms. on B., F. & I. and JUD.
From print. May be acted upon on or after March 21.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1146 | HTML |
| 02/18/10 - Introduced | |
| 03/22/10 - Amended Senate | |
| 04/08/10 - Amended Senate | |
| 04/28/10 - Amended Senate | |
| 05/27/10 - Amended Senate | |
| 06/23/10 - Amended Assembly | |
| 08/02/10 - Amended Assembly | |
| 08/16/10 - Amended Assembly | |
| 08/20/10 - Amended Assembly | |
| 08/31/10 - Enrolled | |
| 09/30/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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